TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00461-CV
Zackery Phillips, Appellant
v.
Branch Banking and Trust Company, Appellee
FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY
NO. 10-1637-CC4, HONORABLE JOHN MCMASTER, JUDGE PRESIDING
PER CURIAM
Appellant Zackery Phillips filed an emergency motion for temporary orders and for stay of execution of the trial court's judgment. We granted the motion for temporary stay to the extent of staying the execution of the writ of possession, pending further orders of this Court, and requested a response.
Appellee Branch Banking and Trust Company has filed a response to the emergency motion. Appellee contends that it is entitled to enforce the county court's judgment because Phillips did not post a supersedeas bond in accordance with section 24.007 of the property code. See Tex. Prop. Code Ann. § 24.007 (West Supp. 2011). Section 24.007 provides that "[a] judgment of a county court in an eviction suit may not under any circumstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court." See id. The record shows that Phillips has not filed a bond in accordance with this section. Accordingly, we dissolve the temporary stay of the execution of the writ of possession and deny Phillips's emergency motion for temporary orders and for stay.
It is ordered February 1, 2012.
Before Justices Puryear, Henson and Goodwin